481.134 is an awsome statute. I have a Defendant who pled guilty to a Judge on a 2nd degree delivery of CS and we had a punishment hearing where I kept my part of the agreemant to not ask for more than 10 years in ID. Much to her surprise and to all of the church people she drug into court she got 10 years. With the drug free zone she has to do 1/2. The other three cases I have cannot be probated if I am reading 12.42 CCP correctly.I would really like to talk to some of you plea bargain dealers ie (Bradley) who might have some suggestions on how I can deal away the other cases without a trial. I am swamped and need to fry other fish without trying her again. Since her conviction is not final for 30 days can the Judge ignore 42.12 during that window and take a plea where she gives up her mtn for shock in exchange for a 10/10 probation or even a 10 deferred so she could get a 20 if she violates CS after she does her time???? I know that she will be back doing the same thing and would like to have her on CS.

I'm sure you read this, also, but you cannot run the punishments concurrently if the other convictions are under any other criminal statute, so whatever you decide to offer, keep that in mind.

[This message was edited by Gretchen on 06-09-06 at .]

Thanks Gretchen, Only wish the statute said all drug free zone cases are automatically stacked. Guess I should just try one and see what a jury does with her. Maybe she'll get a twenty and others will think twice.

I'm going out on a limb, here, and I may not be understanding your situation (it sounds like you have a couple, if not several, DFZ cases) but it appears that only punishments under the DFZ section may not run concurrently with "any other criminal statute" - does that mean all HSC crimes that are not DFZ cases are then required to be consecutive with the ones that are? Would it be worth dropping the DFZ enhancements on any of your remaining cases in order to trigger the provision, thus enabling you to have your defendant go to the pen, then have probation stacked upon release?

Is the defendant able to accrue credit on a DFZ case *prior* to the conviction, if they are earning it concurrently with something else (i.e. in custody on 2 offenses, one DFZ, one not)? Or is the full DFZ sentence served only after the conviction, with no credit given unless the defendant was being held only on the DFZ case? If they get credit for any time served prior to the conviction on the non-DFZ case, while serving the sentence for the DFZ (or vice versa, both of which sound actually very concurrent to me), then CS wouldn't have much teeth upon the later conviction for the other offense.

Am I confused? I feel suddenly confused. Why am I working on Saturday? What is the meaning of life?

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Am I confused? I feel suddenly confused. Why am I working on Saturday? What is the meaning of life?

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Like some of us you probably have a major trial coming up monday. Go do something nice for yourself today, like listen to some Issac Hayes!

Gretchen, You are brilliant. I'll just drop the enhancements. You are working because you are obssesed with htis crazy job we all love.Hope you took some time off. Thanks Martha